6 U.S.C. § 211 — Establishment of U.S. Customs and Border

Page 100 TITLE 6—DOMESTIC SECURITY § 205 which was set out in the Appendix to Title 5, Govern- ment Organization and Employees, and was substan- tially repealed and restated in chapter 10 (§ 1001 et seq.) of Title 5 by Pub. L. 117–286, §§ 3(a), 7, Dec. 27, 2022, 136 Stat. 4197, 4361. For disposition of sections of the Act into chapter 10 of Title 5, see Disposition Table pre- ceding section 101 of Title 5. Statutory Notes and Related Subsidiaries SURFACE TRANSPORTATION SECURITY ADVISORY COMMITTEE MEMBERS Pub. L. 115–254, div. K, title I, § 1969(b), Oct. 5, 2018, 132 Stat. 3612, provided that: ‘‘(1) VOTING MEMBERS.—Not later than 180 days after the date of enactment of this Act [Oct. 5, 2018], the Ad- ministrator [of the Transportation Security Adminis- tration] shall appoint the voting members of the Sur- face Transportation Security Advisory Committee es- tablished under section 404 of the Homeland Security Act of 2002 [6 U.S.C. 204], as added by subsection (a) of this section. ‘‘(2) NONVOTING MEMBERS.—Not later than 90 days after the date of enactment of this Act, each Federal Government department and agency with regulatory authority over a mode of surface or maritime transpor- tation, as the Administrator considers appropriate, shall designate an appropriate representative to serve as a nonvoting member of the Surface Transportation Security Advisory Committee.’’ § 205. Ombudsman for immigration detention (a) In general Within the Department, there shall be a posi- tion of Immigration Detention Ombudsman (in this section referred to as the ‘‘Ombudsman’’). The Ombudsman shall be independent of Depart- ment agencies and officers and shall report di- rectly to the Secretary. The Ombudsman shall be a senior official with a background in civil rights enforcement, civil detention care and cus- tody, and immigration law. (b) Functions The functions of the Ombudsman shall be to— (1) Establish and administer an independent, neutral, and confidential process to receive, investigate, resolve, and provide redress, in- cluding referral for investigation to the Office of the Inspector General, referral to U.S. Citi- zenship and Immigration Services for immi- gration relief, or any other action determined appropriate, for cases in which Department of- ficers or other personnel, or contracted, sub- contracted, or cooperating entity personnel, are found to have engaged in misconduct or violated the rights of individuals in immigra- tion detention; (2) Establish an accessible and standardized process regarding complaints against any offi- cer or employee of U.S. Customs and Border Protection or U.S. Immigration and Customs Enforcement, or any contracted, subcon- tracted, or cooperating entity personnel, for violations of law, standards of professional conduct, contract terms, or policy related to immigration detention; (3) Conduct unannounced inspections of de- tention facilities holding individuals in federal immigration custody, including those owned or operated by units of State or local govern- ment and privately-owned or operated facili- ties; (4) Review, examine, and make recommenda- tions to address concerns or violations of con- tract terms identified in reviews, audits, in- vestigations, or detainee interviews regarding immigration detention facilities and services; (5) Provide assistance to individuals affected by potential misconduct, excessive force, or violations of law or detention standards by De- partment of Homeland Security officers or other personnel, or contracted, subcontracted, or cooperating entity personnel; and (6) Ensure that the functions performed by the Ombudsman are complementary to exist- ing functions within the Department of Home- land Security. (c) Access to detention facilities The Ombudsman or designated personnel of the Ombudsman, shall be provided unfettered access to any location within each such deten- tion facility and shall be permitted confidential access to any detainee at the detainee’s request and any departmental records concerning such detainee. (d) Coordination with department components (1) In general The Director of U.S. Immigration and Cus- toms Enforcement and the Commissioner of U.S. Customs and Border Protection shall each establish procedures to provide formal re- sponses to recommendations submitted to such officials by the Ombudsman within 60 days of receiving such recommendations. (2) Access to information The Secretary shall establish procedures to provide the Ombudsman access to all depart- mental records necessary to execute the re- sponsibilities of the Ombudsman under sub- section (b) or (c) not later than 60 days after a request from the Ombudsman for such infor- mation. (e) Annual report The Ombudsman shall prepare a report to Con- gress on an annual basis on its activities, find- ings, and recommendations. (Pub. L. 107–296, title IV, § 405, as added Pub. L. 116–93, div. D, title I, § 106(a), Dec. 20, 2019, 133 Stat. 2504.) PART B—U.S. CUSTOMS AND BORDER PROTECTION Editorial Notes CODIFICATION Pub. L. 114–125, title VIII, § 802(g)(1)(B)(iii)(I), Feb. 24, 2016, 130 Stat. 211, substituted ‘‘U.S. Customs and Bor- der Protection’’ for ‘‘United States Customs Service’’ in part heading. § 211. Establishment of U.S. Customs and Border Protection; Commissioner, Deputy Commis- sioner, and operational offices (a) In general There is established in the Department an agency to be known as U.S. Customs and Border Protection. (b) Commissioner of U.S. Customs and Border Protection (1) In general There shall be at the head of U.S. Customs and Border Protection a Commissioner of U.S. Page 101 TITLE 6—DOMESTIC SECURITY § 211 Customs and Border Protection (in this sec- tion referred to as the ‘‘Commissioner’’). (2) Committee referral As an exercise of the rulemaking power of the Senate, any nomination for the Commis- sioner submitted to the Senate for confirma- tion, and referred to a committee, shall be re- ferred to the Committee on Finance. (c) Duties The Commissioner shall— (1) coordinate and integrate the security, trade facilitation, and trade enforcement func- tions of U.S. Customs and Border Protection; (2) ensure the interdiction of persons and goods illegally entering or exiting the United States; (3) facilitate and expedite the flow of legiti- mate travelers and trade; (4) direct and administer the commercial op- erations of U.S. Customs and Border Protec- tion, and the enforcement of the customs and trade laws of the United States; (5) detect, respond to, and interdict terror- ists, drug smugglers and traffickers, human smugglers and traffickers, and other persons who may undermine the security of the United States, in cases in which such persons are en- tering, or have recently entered, the United States; (6) safeguard the borders of the United States to protect against the entry of dan- gerous goods; (7) ensure the overall economic security of the United States is not diminished by efforts, activities, and programs aimed at securing the homeland; (8) in coordination with U.S. Immigration and Customs Enforcement and United States Citizenship and Immigration Services, enforce and administer all immigration laws, as such term is defined in paragraph (17) of section 1101(a) of title 8, including— (A) the inspection, processing, and admis- sion of persons who seek to enter or depart the United States; and (B) the detection, interdiction, removal, departure from the United States, short- term detention, and transfer of persons un- lawfully entering, or who have recently un- lawfully entered, the United States; (9) develop and implement screening and tar- geting capabilities, including the screening, reviewing, identifying, and prioritizing of pas- sengers and cargo across all international modes of transportation, both inbound and outbound; (10) in coordination with the Secretary, de- ploy technology to collect the data necessary for the Secretary to administer the biometric entry and exit data system pursuant to sec- tion 1365b of title 8; (11) enforce and administer the laws relating to agricultural import and entry inspection referred to in section 231 of this title; (12) in coordination with the Under Sec- retary for Management of the Department, en- sure U.S. Customs and Border Protection com- plies with Federal law, the Federal Acquisi- tion Regulation, and the Department’s acqui- sition management directives for major acqui- sition programs of U.S. Customs and Border Protection; (13) ensure that the policies and regulations of U.S. Customs and Border Protection are consistent with the obligations of the United States pursuant to international agreements; (14) enforce and administer— (A) the Container Security Initiative pro- gram under section 205 of the Security and Accountability for Every Port Act of 2006 (6 U.S.C. 945); and (B) the Customs–Trade Partnership Against Terrorism program under subtitle B of title II of such Act (6 U.S.C. 961 et seq.); (15) conduct polygraph examinations in ac- cordance with section 221(1) of this title; (16) establish the standard operating proce- dures described in subsection (k); (17) carry out the training required under subsection (l); (18) carry out section 218 of this title, relat- ing to the issuance of Asia-Pacific Economic Cooperation Business Travel Cards; and (19) carry out other duties and powers pre- scribed by law or delegated by the Secretary. (d) Deputy Commissioner There shall be in U.S. Customs and Border Protection a Deputy Commissioner who shall as- sist the Commissioner in the management of U.S. Customs and Border Protection. (e) U.S. Border Patrol (1) In general There is established in U.S. Customs and Border Protection the U.S. Border Patrol. (2) Chief There shall be at the head of the U.S. Border Patrol a Chief, who shall— (A) be at the level of Executive Assistant Commissioner within U.S. Customs and Bor- der Protection; and (B) report to the Commissioner. (3) Duties The U.S. Border Patrol shall— (A) serve as the law enforcement office of U.S. Customs and Border Protection with primary responsibility for interdicting per- sons attempting to illegally enter or exit the United States or goods being illegally im- ported into or exported from the United States at a place other than a designated port of entry; (B) deter and prevent the illegal entry of terrorists, terrorist weapons, persons, and contraband; and (C) carry out other duties and powers pre- scribed by the Commissioner. (f) Air and Marine Operations (1) In general There is established in U.S. Customs and Border Protection an office known as Air and Marine Operations. (2) Executive Assistant Commissioner There shall be at the head of Air and Marine Operations an Executive Assistant Commis- sioner, who shall report to the Commissioner. Page 102 TITLE 6—DOMESTIC SECURITY § 211 (3) Duties Air and Marine Operations shall— (A) serve as the law enforcement office within U.S. Customs and Border Protection with primary responsibility to detect, inter- dict, and prevent acts of terrorism and the unlawful movement of people, illicit drugs, and other contraband across the borders of the United States in the air and maritime environment; (B) conduct joint aviation and marine op- erations with U.S. Immigration and Customs Enforcement; (C) conduct aviation and marine oper- ations with international, Federal, State, and local law enforcement agencies, as ap- propriate; (D) administer the Air and Marine Oper- ations Center established under paragraph (4); and (E) carry out other duties and powers pre- scribed by the Commissioner. (4) Air and Marine Operations Center (A) In general There is established in Air and Marine Op- erations an Air and Marine Operations Cen- ter. (B) Executive Director There shall be at the head of the Air and Marine Operations Center an Executive Di- rector, who shall report to the Executive As- sistant Commissioner of Air and Marine Op- erations. (C) Duties The Air and Marine Operations Center shall— (i) manage the air and maritime domain awareness of the Department, as directed by the Secretary; (ii) monitor and coordinate the airspace for unmanned aerial systems operations of Air and Marine Operations in U.S. Cus- toms and Border Protection; (iii) detect, identify, and coordinate a re- sponse to threats to national security in the air domain, in coordination with other appropriate agencies, as determined by the Executive Assistant Commissioner; (iv) provide aviation and marine support to other Federal, State, tribal, and local agencies; and (v) carry out other duties and powers prescribed by the Executive Assistant Commissioner. (g) Office of Field Operations (1) In general There is established in U.S. Customs and Border Protection an Office of Field Oper- ations. (2) Executive Assistant Commissioner There shall be at the head of the Office of Field Operations an Executive Assistant Com- missioner, who shall report to the Commis- sioner. (3) Duties The Office of Field Operations shall coordi- nate the enforcement activities of U.S. Cus- toms and Border Protection at United States air, land, and sea ports of entry to— (A) deter and prevent terrorists and ter- rorist weapons from entering the United States at such ports of entry; (B) conduct inspections at such ports of entry to safeguard the United States from terrorism and illegal entry of persons; (C) prevent illicit drugs, agricultural pests, and contraband from entering the United States; (D) in coordination with the Commis- sioner, facilitate and expedite the flow of le- gitimate travelers and trade; (E) administer the National Targeting Center established under paragraph (4); (F) coordinate with the Executive Assist- ant Commissioner for the Office of Trade with respect to the trade facilitation and trade enforcement activities of U.S. Customs and Border Protection; and (G) carry out other duties and powers pre- scribed by the Commissioner. (4) National Targeting Center (A) In general There is established in the Office of Field Operations a National Targeting Center. (B) Executive Director There shall be at the head of the National Targeting Center an Executive Director, who shall report to the Executive Assistant Commissioner of the Office of Field Oper- ations. (C) Duties The National Targeting Center shall— (i) serve as the primary forum for tar- geting operations within U.S. Customs and Border Protection to collect and analyze traveler and cargo information in advance of arrival in the United States to identify and address security risks and strengthen trade enforcement; (ii) identify, review, and target travelers and cargo for examination; (iii) coordinate the examination of entry and exit of travelers and cargo; (iv) develop and conduct commercial risk assessment targeting with respect to cargo destined for the United States; (v) coordinate with the Transportation Security Administration, as appropriate; (vi) issue Trade Alerts pursuant to sec- tion 4318(b) of title 19; and (vii) carry out other duties and powers prescribed by the Executive Assistant Commissioner. (5) Annual report on staffing (A) In general Not later than 30 days after February 24, 2016, and annually thereafter, the Executive Assistant Commissioner shall submit to the Committee on Homeland Security and the Committee on Ways and Means of the House of Representatives and the Committee on Homeland Security and Governmental Af- fairs and the Committee on Finance of the Senate a report on the staffing model for the Office of Field Operations, including infor- Page 103 TITLE 6—DOMESTIC SECURITY § 211 mation on how many supervisors, front-line U.S. Customs and Border Protection officers, and support personnel are assigned to each Field Office and port of entry. (B) Form The report required under subparagraph (A) shall, to the greatest extent practicable, be submitted in unclassified form, but may be submitted in classified form, if the Execu- tive Assistant Commissioner determines that such is appropriate and informs the Committee on Homeland Security and the Committee on Ways and Means of the House of Representatives and the Committee on Homeland Security and Governmental Af- fairs and the Committee on Finance of the Senate of the reasoning for such. (h) Office of Intelligence (1) In general There is established in U.S. Customs and Border Protection an Office of Intelligence. (2) Assistant Commissioner There shall be at the head of the Office of In- telligence an Assistant Commissioner, who shall report to the Commissioner. (3) Duties The Office of Intelligence shall— (A) develop, provide, coordinate, and im- plement intelligence capabilities into a co- hesive intelligence enterprise to support the execution of the duties and responsibilities of U.S. Customs and Border Protection; (B) manage the counterintelligence oper- ations of U.S. Customs and Border Protec- tion; (C) establish, in coordination with the Chief Intelligence Officer of the Department, as appropriate, intelligence-sharing relation- ships with Federal, State, local, and tribal agencies and intelligence agencies; (D) conduct risk-based covert testing of U.S. Customs and Border Protection oper- ations, including for nuclear and radio- logical risks; and (E) carry out other duties and powers pre- scribed by the Commissioner. (i) Office of International Affairs (1) In general There is established in U.S. Customs and Border Protection an Office of International Affairs. (2) Assistant Commissioner There shall be at the head of the Office of International Affairs an Assistant Commis- sioner, who shall report to the Commissioner. (3) Duties The Office of International Affairs, in col- laboration with the Office of Policy of the De- partment, shall— (A) coordinate and support U.S. Customs and Border Protection’s foreign initiatives, policies, programs, and activities; (B) coordinate and support U.S. Customs and Border Protection’s personnel stationed abroad; (C) maintain partnerships and informa- tion-sharing agreements and arrangements with foreign governments, international or- ganizations, and United States agencies in support of U.S. Customs and Border Protec- tion’s duties and responsibilities; (D) provide necessary capacity building, training, and assistance to foreign customs and border control agencies to strengthen border, global supply chain, and travel secu- rity, as appropriate; (E) coordinate mission support services to sustain U.S. Customs and Border Protec- tion’s global activities; (F) coordinate with customs authorities of foreign countries with respect to trade fa- cilitation and trade enforcement; (G) coordinate U.S. Customs and Border Protection’s engagement in international negotiations; (H) advise the Commissioner with respect to matters arising in the World Customs Or- ganization and other international organiza- tions as such matters relate to the policies and procedures of U.S. Customs and Border Protection; (I) advise the Commissioner regarding international agreements to which the United States is a party as such agreements relate to the policies and regulations of U.S. Customs and Border Protection; and (J) carry out other duties and powers pre- scribed by the Commissioner. (j) Office of Professional Responsibility (1) In general There is established in U.S. Customs and Border Protection an Office of Professional Responsibility. (2) Assistant Commissioner There shall be at the head of the Office of Professional Responsibility an Assistant Com- missioner, who shall report to the Commis- sioner. (3) Duties The Office of Professional Responsibility shall— (A) investigate criminal and administra- tive matters and misconduct by officers, agents, and other employees of U.S. Customs and Border Protection; (B) manage integrity-related programs and policies of U.S. Customs and Border Protec- tion; (C) conduct research and analysis regard- ing misconduct of officers, agents, and other employees of U.S. Customs and Border Pro- tection; and (D) carry out other duties and powers pre- scribed by the Commissioner. (k) Standard operating procedures (1) In general The Commissioner shall establish— (A) standard operating procedures for searching, reviewing, retaining, and sharing information contained in communication, electronic, or digital devices encountered by U.S. Customs and Border Protection per- sonnel at United States ports of entry; (B) standard use of force procedures that officers and agents of U.S. Customs and Bor- Page 104 TITLE 6—DOMESTIC SECURITY § 211 der Protection may employ in the execution of their duties, including the use of deadly force; (C) uniform, standardized, and publicly- available procedures for processing and in- vestigating complaints against officers, agents, and employees of U.S. Customs and Border Protection for violations of profes- sional conduct, including the timely disposi- tion of complaints and a written notification to the complainant of the status or outcome, as appropriate, of the related investigation, in accordance with section 552a of title 5 (commonly referred to as the ‘‘Privacy Act’’ or the ‘‘Privacy Act of 1974’’); (D) an internal, uniform reporting mecha- nism regarding incidents involving the use of deadly force by an officer or agent of U.S. Customs and Border Protection, including an evaluation of the degree to which the pro- cedures required under subparagraph (B) were followed; and (E) standard operating procedures, acting through the Executive Assistant Commis- sioner for Air and Marine Operations and in coordination with the Office for Civil Rights and Civil Liberties and the Office of Privacy of the Department, to provide command, control, communication, surveillance, and reconnaissance assistance through the use of unmanned aerial systems, including the es- tablishment of— (i) a process for other Federal, State, and local law enforcement agencies to submit mission requests; (ii) a formal procedure to determine whether to approve or deny such a mission request; (iii) a formal procedure to determine how such mission requests are prioritized and coordinated; and (iv) a process regarding the protection and privacy of data and images collected by U.S. Customs and Border Protection through the use of unmanned aerial sys- tems. (2) Requirements regarding certain notifica- tions The standard operating procedures estab- lished pursuant to subparagraph (A) of para- graph (1) shall require— (A) in the case of a search of information conducted on an electronic device by U.S. Customs and Border Protection personnel, the Commissioner to notify the individual subject to such search of the purpose and au- thority for such search, and how such indi- vidual may obtain information on reporting concerns about such search; and (B) in the case of information collected by U.S. Customs and Border Protection through a search of an electronic device, if such in- formation is transmitted to another Federal agency for subject matter assistance, trans- lation, or decryption, the Commissioner to notify the individual subject to such search of such transmission. (3) Exceptions The Commissioner may withhold the notifi- cations required under paragraphs (1)(C) and (2) if the Commissioner determines, in the sole and unreviewable discretion of the Commis- sioner, that such notifications would impair national security, law enforcement, or other operational interests. (4) Update and review The Commissioner shall review and update every three years the standard operating pro- cedures required under this subsection. (5) Audits The Inspector General of the Department of Homeland Security shall develop and annually administer, during each of the three calendar years beginning in the calendar year that be- gins after February 24, 2016, an auditing mech- anism to review whether searches of electronic devices at or between United States ports of entry are being conducted in conformity with the standard operating procedures required under subparagraph (A) of paragraph (1). Such audits shall be submitted to the Committee on Homeland Security of the House of Represent- atives and the Committee on Homeland Secu- rity and Governmental Affairs of the Senate and shall include the following: (A) A description of the activities of offi- cers and agents of U.S. Customs and Border Protection with respect to such searches. (B) The number of such searches. (C) The number of instances in which in- formation contained in such devices that were subjected to such searches was re- tained, copied, shared, or entered in an elec- tronic database. (D) The number of such devices detained as the result of such searches. (E) The number of instances in which in- formation collected from such devices was subjected to such searches and was trans- mitted to another Federal agency, including whether such transmissions resulted in a prosecution or conviction. (6) Requirements regarding other notifications The standard use of force procedures estab- lished pursuant to subparagraph (B) of para- graph (1) shall require— (A) in the case of an incident of the use of deadly force by U.S. Customs and Border Protection personnel, the Commissioner to notify the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Gov- ernmental Affairs of the Senate; and (B) the Commissioner to provide to such committees a copy of the evaluation pursu- ant to subparagraph (D) of such paragraph not later than 30 days after completion of such evaluation. (7) Report on unmanned aerial systems The Commissioner shall submit to the Com- mittee on Homeland Security of the House of Representatives and the Committee on Home- land Security and Governmental Affairs of the Senate an annual report, for each of the three calendar years beginning in the calendar year that begins after February 24, 2016, that re- views whether the use of unmanned aerial sys- tems is being conducted in conformity with Page 105 TITLE 6—DOMESTIC SECURITY § 211 the standard operating procedures required under subparagraph (E) of paragraph (1). Such reports— (A) shall be submitted with the annual budget of the United States Government submitted by the President under section 1105 of title 31; (B) may be submitted in classified form if the Commissioner determines that such is appropriate; and (C) shall include— (i) a detailed description of how, where, and for how long data and images collected through the use of unmanned aerial sys- tems by U.S. Customs and Border Protec- tion are collected and stored; and (ii) a list of Federal, State, and local law enforcement agencies that submitted mis- sion requests in the previous year and the disposition of such requests. (l) Training The Commissioner shall require all officers and agents of U.S. Customs and Border Protec- tion to participate in a specified amount of con- tinuing education (to be determined by the Com- missioner) to maintain an understanding of Fed- eral legal rulings, court decisions, and depart- mental policies, procedures, and guidelines. (m) Short-term detention standards (1) Access to food and water The Commissioner shall make every effort to ensure that adequate access to food and water is provided to an individual apprehended and detained at a United States port of entry or between ports of entry as soon as prac- ticable following the time of such apprehen- sion or during subsequent short-term deten- tion. (2) Access to information on detainee rights at border patrol processing centers (A) In general The Commissioner shall ensure that an in- dividual apprehended by a U.S. Border Pa- trol agent or an Office of Field Operations officer is provided with information con- cerning such individual’s rights, including the right to contact a representative of such individual’s government for purposes of United States treaty obligations. (B) Form The information referred to in subpara- graph (A) may be provided either verbally or in writing, and shall be posted in the deten- tion holding cell in which such individual is being held. The information shall be pro- vided in a language understandable to such individual. (3) Short-term detention defined In this subsection, the term ‘‘short-term de- tention’’ means detention in a U.S. Customs and Border Protection processing center for 72 hours or less, before repatriation to a country of nationality or last habitual residence. (4) Daytime repatriation When practicable, repatriations shall be lim- ited to daylight hours and avoid locations that are determined to have high indices of crime and violence. (5) Report on procurement process and stand- ards Not later than 180 days after February 24, 2016, the Comptroller General of the United States shall submit to the Committee on Homeland Security of the House of Represent- atives and the Committee on Homeland Secu- rity and Governmental Affairs of the Senate a report on the procurement process and stand- ards of entities with which U.S. Customs and Border Protection has contracts for the trans- portation and detention of individuals appre- hended by agents or officers of U.S. Customs and Border Protection. Such report should also consider the operational efficiency of con- tracting the transportation and detention of such individuals. (6) Report on inspections of short-term custody facilities The Commissioner shall— (A) annually inspect all facilities utilized for short-term detention; and (B) make publicly available information collected pursuant to such inspections, in- cluding information regarding the require- ments under paragraphs (1) and (2) and, where appropriate, issue recommendations to improve the conditions of such facilities. (n) Wait times transparency (1) In general The Commissioner shall— (A) publish live wait times for travelers entering the United States at the 20 United States airports that support the highest vol- ume of international travel (as determined by available Federal flight data); (B) make information about such wait times available to the public in real time through the U.S. Customs and Border Pro- tection website; (C) submit to the Committee on Homeland Security and the Committee on Ways and Means of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Finance of the Senate, for each of the five calendar years beginning in the calendar year that begins after February 24, 2016, a re- port that includes compilations of all such wait times and a ranking of such United States airports by wait times; and (D) provide adequate staffing at the U.S. Customs and Border Protection information center to ensure timely access for travelers attempting to submit comments or speak with a representative about their entry ex- periences. (2) Calculation The wait times referred to in paragraph (1)(A) shall be determined by calculating the time elapsed between an individual’s entry into the U.S. Customs and Border Protection inspection area and such individual’s clear- ance by a U.S. Customs and Border Protection officer. Page 106 TITLE 6—DOMESTIC SECURITY § 211 (o) Other authorities (1) In general The Secretary may establish such other of- fices or positions of Assistant Commissioners (or other similar officers or officials) as the Secretary determines necessary to carry out the missions, duties, functions, and authori- ties of U.S. Customs and Border Protection. (2) Notification If the Secretary exercises the authority pro- vided under paragraph (1), the Secretary shall notify the Committee on Homeland Security and the Committee on Ways and Means of the House of Representatives and the Committee on Homeland Security and Governmental Af- fairs and the Committee on Finance of the Senate not later than 30 days before exercising such authority. (3) Rescue beacons Beginning in fiscal year 2019, in carrying out subsection (c)(8), the Commissioner shall pur- chase, deploy, and maintain not more than 250 self-powering, 9–1–1 cellular relay rescue bea- cons along the southern border of the United States at locations determined appropriate by the Commissioner to mitigate migrant deaths. (p) Reports to Congress The Commissioner shall, on and after Feb- ruary 24, 2016, continue to submit to the Com- mittee on Homeland Security and the Com- mittee on Ways and Means of the House of Rep- resentatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Finance of the Senate any report required, on the day before February 24, 2016, to be submitted under any provision of law. (q) Other Federal agencies Nothing in this section may be construed as affecting in any manner the authority, existing on the day before February 24, 2016, of any other Federal agency or component of the Depart- ment. (r) Definitions In this section, the terms ‘‘commercial oper- ations’’, ‘‘customs and trade laws of the United States’’, ‘‘trade enforcement’’, and ‘‘trade facili- tation’’ have the meanings given such terms in section 4301 of title 19. (Pub. L. 107–296, title IV, § 411, Nov. 25, 2002, 116 Stat. 2178; Pub. L. 114–125, title VIII, § 802(a), Feb. 24, 2016, 130 Stat. 199; Pub. L. 115–79, § 4(a), Nov. 2, 2017, 131 Stat. 1260; Pub. L. 116–277, § 3, Dec. 31, 2020, 134 Stat. 3370; Pub. L. 117–103, div. F, title II, § 212, Mar. 15, 2022, 136 Stat. 322.) Editorial Notes REFERENCES IN TEXT The Security and Accountability for Every Port Act of 2006, referred to in subsec. (c)(14)(B), is Pub. L. 109–347, Oct. 13, 2006, 120 Stat. 1884, also known as the SAFE Port Act. Subtitle B of title II of the Act is clas- sified generally to part B (§ 961 et seq.) of subchapter II of chapter 3 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 901 of this title and Tables. CODIFICATION Section is comprised of section 411 of Pub. L. 107–296. Former subsec. (b)(2) of section 411 of Pub. L. 107–296 amended section 5314 of Title 5, Government Organiza- tion and Employees. AMENDMENTS 2022—Subsec. (o)(3). Pub. L. 117–103 substituted ‘‘250’’ for ‘‘170’’. 2020—Subsec. (o)(3). Pub. L. 116–277 added par. (3). 2017—Subsec. (c)(18), (19). Pub. L. 115–79 added par. (18) and redesignated former par. (18) as (19). 2016—Pub. L. 114–125 amended section generally. Prior to amendment, section established the United States Customs Service headed by a Commissioner of Cus- toms. Statutory Notes and Related Subsidiaries CHANGE OF NAME Pub. L. 114–125, title VIII, § 802(d)(2), Feb. 24, 2016, 130 Stat. 210, provided that: ‘‘On and after the date of the enactment of this Act [Feb. 24, 2016], any reference in law or regulations to the ‘Commissioner of Customs’ or the ‘Commissioner of the Customs Service’ shall be deemed to be a reference to the Commissioner of U.S. Customs and Border Protection.’’ EFFECTIVE DATE OF 2016 AMENDMENT; CONTINUITY OF FUNCTIONS, RULES, AND ACTIONS Pub. L. 114–125, title VIII, § 802(b), Feb. 24, 2016, 130 Stat. 209, provided that: ‘‘(1) TREATMENT.—Section 411 of the Homeland Secu- rity Act of 2002 [6 U.S.C. 211], as amended by subsection (a) of this section, shall be treated as if included in such Act [Pub. L. 107–296] as of the date of the enact- ment of such Act [Nov. 25, 2002], and, in addition to the functions, missions, duties, and authorities specified in such amended section 411, U.S. Customs and Border Protection shall continue to perform and carry out the functions, missions, duties, and authorities under sec- tion 411 of such Act as in existence on the day before the date of the enactment of this Act [Feb. 24, 2016], and section 415 of the Homeland Security Act of 2002 [6 U.S.C. 215]. ‘‘(2) RULES OF CONSTRUCTION.— ‘‘(A) RULES AND REGULATIONS.—Notwithstanding paragraph (1), nothing in this title [see Tables for classification] or any amendment made by this title may be construed as affecting in any manner any rule or regulation issued or promulgated pursuant to any provision of law, including section 411 of the Home- land Security Act of 2002 as in existence on the day before the date of the enactment of this Act [Feb. 24, 2016], and any such rule or regulation shall continue to have full force and effect on and after such date. ‘‘(B) OTHER ACTIONS.—Notwithstanding paragraph (1), nothing in this Act [see Tables for classification] may be construed as affecting in any manner any ac- tion, determination, policy, or decision pursuant to section 411 of the Homeland Security Act of 2002 as in existence on the day before the date of the enactment of this Act, and any such action, determination, pol- icy, or decision shall continue to have full force and effect on and after such date.’’ LARGE-SCALE NON-INTRUSIVE INSPECTION SCANNING Pub. L. 116–299, Jan. 5, 2021, 134 Stat. 4906, provided that: ‘‘SECTION 1. SHORT TITLE. ‘‘This Act may be cited as the ‘Securing America’s Ports Act’. ‘‘SEC. 2. LARGE-SCALE NON-INTRUSIVE INSPEC- TION SCANNING PLAN. ‘‘(a) DEFINITIONS.—In this section: ‘‘(1) LARGE-SCALE NON-INTRUSIVE INSPECTION SYS- TEM.—The term ‘large-scale, non-intrusive inspection system’ means a technology, including x-ray, gamma-ray, and passive imaging systems, capable of producing an image of the contents of a commercial Page 107 TITLE 6—DOMESTIC SECURITY § 211 or passenger vehicle or freight rail car in 1 pass of such vehicle or car. ‘‘(2) SCANNING.—The term ‘scanning’ means uti- lizing nonintrusive imaging equipment, radiation de- tection equipment, or both, to capture data, includ- ing images of a commercial or passenger vehicle or freight rail car. ‘‘(b) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act [Jan. 5, 2021], the Sec- retary of Homeland Security shall submit a plan to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives for increasing to 100 percent the rate of high-throughput scanning of commercial and passenger vehicles and freight rail traffic entering the United States at land ports of entry and rail-border crossings along the border using large- scale non-intrusive inspection systems or similar tech- nology to enhance border security. ‘‘(c) BASELINE INFORMATION.—The plan under sub- section (b) shall include, at a minimum, the following information regarding large-scale non-intrusive inspec- tion systems or similar technology operated by U.S. Customs and Border Protection at land ports of entry and rail-border crossings as of the date of the enact- ment of this Act: ‘‘(1) An inventory of large-scale non-intrusive in- spection systems or similar technology in use at each land port of entry. ‘‘(2) For each system or technology identified in the inventory under paragraph (1)— ‘‘(A) the scanning method of such system or tech- nology; ‘‘(B) the location of such system or technology at each land port of entry that specifies whether in use in pre-primary, primary, or secondary inspec- tion area, or some combination of such areas; ‘‘(C) the percentage of commercial and passenger vehicles and freight rail traffic scanned by such system or technology; ‘‘(D) seizure data directly attributed to scanned commercial and passenger vehicles and freight rail traffic; and ‘‘(E) the number of personnel required to operate each system or technology. ‘‘(3) Information regarding the continued use of other technology and tactics used for scanning, such as canines and human intelligence in conjunction with large scale, nonintrusive inspection systems. ‘‘(d) ELEMENTS.—The plan under subsection (b) shall include the following information: ‘‘(1) Benchmarks for achieving incremental progress towards 100 percent high-throughput scan- ning within the next 6 years of commercial and pas- senger vehicles and freight rail traffic entering the United States at land ports of entry and rail-border crossings along the border with corresponding pro- jected incremental improvements in scanning rates by fiscal year and rationales for the specified time- frames for each land port of entry. ‘‘(2) Estimated costs, together with an acquisition plan, for achieving the 100 percent high-throughput scanning rate within the timeframes specified in paragraph (1), including acquisition, operations, and maintenance costs for large-scale, nonintrusive in- spection systems or similar technology, and associ- ated costs for any necessary infrastructure enhance- ments or configuration changes at each port of entry. Such acquisition plan shall promote, to the extent practicable, opportunities for entities that qualify as small business concerns (as defined under section 3(a) of the Small Business Act (15 U.S.C. 632(a)). ‘‘(3) Any projected impacts, as identified by the Commissioner of U.S. Customs and Border Protec- tion, on the total number of commercial and pas- senger vehicles and freight rail traffic entering at land ports of entry and rail-border crossings where such systems are in use, and average wait times at peak and non-peak travel times, by lane type if appli- cable, as scanning rates are increased. ‘‘(4) Any projected impacts, as identified by the Commissioner of U.S. Customs and Border Protec- tion, on land ports of entry and rail-border crossings border security operations as a result of implementa- tion actions, including any changes to the number of U.S. Customs and Border Protection officers or their duties and assignments. ‘‘(e) ANNUAL REPORT.—Not later than 1 year after the submission of the plan under subsection (b), and bienni- ally thereafter for the following 6 years, the Secretary of Homeland Security shall submit a report to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives that describes the progress implementing the plan and includes— ‘‘(1) an inventory of large-scale, nonintrusive in- spection systems or similar technology operated by U.S. Customs and Border Protection at each land port of entry; ‘‘(2) for each system or technology identified in the inventory required under paragraph (1)— ‘‘(A) the scanning method of such system or tech- nology; ‘‘(B) the location of such system or technology at each land port of entry that specifies whether in use in pre-primary, primary, or secondary inspec- tion area, or some combination of such areas; ‘‘(C) the percentage of commercial and passenger vehicles and freight rail traffic scanned by such system or technology; and ‘‘(D) seizure data directly attributed to scanned commercial and passenger vehicles and freight rail traffic; ‘‘(3) the total number of commercial and passenger vehicles and freight rail traffic entering at each land port of entry at which each system or technology is in use, and information on average wait times at peak and non-peak travel times, by lane type if appli- cable; ‘‘(4) a description of the progress towards reaching the benchmarks referred to in subsection (d)(1), and an explanation if any of such benchmarks are not achieved as planned; ‘‘(5) a comparison of actual costs (including infor- mation on any awards of associated contracts) to es- timated costs set forth in subsection (d)(2); ‘‘(6) any realized impacts, as identified by the Com- missioner of U.S. Customs and Border Protection, on land ports of entry and rail-border crossings oper- ations as a result of implementation actions, includ- ing any changes to the number of U.S. Customs and Border Protection officers or their duties and assign- ments; ‘‘(7) any proposed changes to the plan and an expla- nation for such changes, including changes made in response to any Department of Homeland Security research and development findings or changes in ter- rorist or transnational criminal organizations tac- tics, techniques, or procedures; and ‘‘(8) any challenges to implementing the plan or meeting the benchmarks, and plans to mitigate any such challenges.’’ DHS OPIOID DETECTION RESILIENCE Pub. L. 116–254, Dec. 23, 2020, 134 Stat. 1137, provided that: ‘‘SECTION 1. SHORT TITLE. ‘‘This Act may be cited as the ‘DHS Opioid Detection Resilience Act of 2019’. ‘‘SEC. 2. STRATEGY TO ENSURE DETECTION OF ALL OPIOID PURITY LEVELS AT PORTS OF ENTRY. ‘‘Not later than 180 days after the date of the enact- ment of this section [Dec. 23, 2020], the Commissioner of U.S. Customs and Border Protection (CBP) shall— ‘‘(1) implement a strategy to ensure deployed chem- ical screening devices are able to identify in an oper- ational environment narcotics at purity levels less Page 108 TITLE 6—DOMESTIC SECURITY § 211 than or equal to 10 percent, or provide ports of entry with an alternate method for identifying narcotics at lower purity levels; and ‘‘(2) require testing of any new chemical screening devices to understand the abilities and limitations of such devices relating to identifying narcotics at var- ious purity levels before CBP commits to the acquisi- tion of such devices. ‘‘SEC. 3. PLAN TO ENSURE OPIOID DETECTION EQUIPMENT RESILIENCY. ‘‘Not later than 180 days after the date of the enact- ment of this section, the Secretary of Homeland Secu- rity shall implement a plan for the long-term develop- ment of a centralized spectral database for chemical screening devices. Such plan shall address the fol- lowing: ‘‘(1) How newly identified spectra will be collected, stored, and distributed to such devices in their oper- ational environment, including at ports of entry. ‘‘(2) Identification of parties responsible for updates and maintenance of such database.’’ PROTECTING AMERICA’S FOOD AND AGRICULTURE Pub. L. 116–122, Mar. 3, 2020, 134 Stat. 143, provided that: ‘‘SECTION 1. SHORT TITLE. ‘‘This Act may be cited as the ‘Protecting America’s Food and Agriculture Act of 2019’. ‘‘SEC. 2. FINDING. ‘‘Congress finds that— ‘‘(1) it is in the national security interest of the United States to ensure that the Nation’s food supply is sufficiently protected; and ‘‘(2) a vital part of such protection is the avail- ability of adequate resources at the border to conduct inspections of incoming food and agricultural goods. ‘‘SEC. 3. DEFINITIONS. ‘‘In this Act: ‘‘(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term ‘appropriate congressional committees’ means— ‘‘(A) the Committee on Homeland Security and Governmental Affairs of the Senate; ‘‘(B) the Committee on Agriculture, Nutrition, and Forestry of the Senate; ‘‘(C) the Committee on Homeland Security of the House of Representatives; and ‘‘(D) the Committee on Agriculture of the House of Representatives. ‘‘(2) CBP.—The term ‘CBP’ means U.S. Customs and Border Protection. ‘‘SEC. 4. ADDITIONAL U.S. CUSTOMS AND BORDER PROTECTION PERSONNEL. ‘‘(a) CBP AGRICULTURE SPECIALISTS.—The Commis- sioner of U.S. Customs and Border Protection may hire, train, and assign 240 new CBP Agriculture Specialists above the current attrition level during every fiscal year until the total number of CBP Agriculture Spe- cialists equals and sustains the requirements identified each year in the Agriculture Resource Allocation Model. ‘‘(b) MISSION AND OPERATIONAL SUPPORT STAFF.— ‘‘(1) IN GENERAL.—The Commissioner of U.S. Cus- toms and Border Protection may hire, train, and as- sign support staff to support CBP Agriculture Spe- cialists. ‘‘(2) CBP AGRICULTURE TECHNICIANS.—The Commis- sioner of U.S. Customs and Border Protection may hire, train, and assign 200 new CBP Agriculture Tech- nicians during each fiscal year until the total number of CBP Agriculture Technicians equals and sustains the requirements identified each year in the Mission and Operational Support Resource Allocation Model. ‘‘(c) CBP AGRICULTURE CANINE TEAMS.—The Commis- sioner of U.S. Customs and Border Protection may hire, train, and assign 20 new CBP agriculture canine teams during each of the first 3 fiscal years beginning after the date of the enactment of this Act [Mar. 3, 2020]. ‘‘(d) TRAFFIC FORECASTS.—In calculating the number of CBP Agriculture Specialists needed at each port of entry through the Agriculture Resource Allocation Model, the Office of Field Operations shall— ‘‘(1) rely on data collected regarding the inspections and other activities conducted at each such port of entry; and ‘‘(2) consider volume from seasonal surges, other projected changes in commercial and passenger vol- umes, the most current commercial forecasts, and other relevant information. ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(1) CBP AGRICULTURE SPECIALISTS.—There is au- thorized to be appropriated to carry out subsection (a)— ‘‘(A) $29,900,000 for fiscal year 2020; ‘‘(B) $36,100,000 for fiscal year 2021; and ‘‘(C) $40,500,000 for fiscal year 2022. ‘‘(2) CBP AGRICULTURE TECHNICIANS.—There is au- thorized to be appropriated to carry out subsection (b)— ‘‘(A) $11,000,000 for fiscal year 2020; ‘‘(B) $25,000,000 for fiscal year 2021; and ‘‘(C) $38,000,000 for fiscal year 2022. ‘‘(3) CBP AGRICULTURE CANINE TEAMS.—There is au- thorized to be appropriated to carry out subsection (c)— ‘‘(A) $3,500,000 for fiscal year 2020; ‘‘(B) $7,400,000 for fiscal year 2021; and ‘‘(C) $12,200,000 for fiscal year 2022. ‘‘(4) TRAINING.—There is authorized to be appro- priated for training costs associated with the new CBP personnel and canine teams hired pursuant to subsections (a), (b), and (c) $6,000,000 for each of the fiscal years 2020, 2021, and 2022. ‘‘SEC. 5. GAO STUDY, BRIEFING, AND REPORT. ‘‘(a) STUDY.—The Comptroller General of the United States, after consultation with the appropriate con- gressional committees, shall conduct a review of the ef- forts of the Department of Homeland Security, the De- partment of Agriculture, and other Federal agencies to address risks to the agricultural supply that analyzes— ‘‘(1) interagency coordination and the distribution of responsibilities among Federal agencies with re- spect to the inspection of agricultural commodities entering the United States; ‘‘(2) the effectiveness of such inspection responsibil- ities among Federal agencies; and ‘‘(3) the training provided to, and working condi- tions of, CBP Agriculture Specialists. ‘‘(b) BRIEFING.—Not later than 1 year after the date of the enactment of this Act [Mar. 3, 2020], the Comp- troller General shall brief the appropriate congres- sional committees regarding the results of the study conducted pursuant to subsection (a). ‘‘(c) REPORT.—Not later than 90 days after the brief- ing required under subsection (b), the Comptroller Gen- eral shall complete the study required under subsection (a) and make the results of the study available to the public.’’ USE OF FUNDS TO CONTINUE DETENTION SERVICES CONTRACTS Pub. L. 118–47, div. C, title II, § 213, Mar. 23, 2024, 138 Stat. 603, provided that: ‘‘(a) None of the funds provided under the heading ‘U.S. Immigration and Customs Enforcement—Oper- ations and Support’ may be used to continue any con- tract for the provision of detention services if the two most recent overall performance evaluations received by the contracted facility are less than ‘adequate’ or the equivalent median score in any subsequent per- formance evaluation system. ‘‘(b) The performance evaluations referenced in sub- section (a) shall be conducted by the U.S. Immigration and Customs Enforcement Office of Professional Re- sponsibility.’’ Similar provisions were contained in the following prior appropriation acts: Page 109 TITLE 6—DOMESTIC SECURITY § 211 Pub. L. 117–328, div. F, title II, § 214, Dec. 29, 2022, 136 Stat. 4736. Pub. L. 117–103, div. F, title II, § 215, Mar. 15, 2022, 136 Stat. 322. Pub. L. 116–260, div. F, title II, § 215, Dec. 27, 2020, 134 Stat. 1457. Pub. L. 116–93, div. D, title II, § 215, Dec. 20, 2019, 133 Stat. 2513. PORTS OF ENTRY THREAT AND OPERATIONAL REVIEW Pub. L. 115–372, Dec. 21, 2018, 132 Stat. 5107, provided that: ‘‘SECTION 1. SHORT TITLE. ‘‘This Act may be cited as the ‘United States Ports of Entry Threat and Operational Review Act’. ‘‘SEC. 2. PORTS OF ENTRY THREAT AND OPER- ATIONAL ANALYSIS. ‘‘(a) IN GENERAL.— ‘‘(1) REQUIREMENT.—Not later than 180 days after the date of the enactment of this Act [Dec. 21, 2018], the Secretary of Homeland Security, acting through the Commissioner of U.S. Customs and Border Pro- tection, shall submit to the Committee on Homeland Security and the Committee on Ways and Means of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Finance of the Senate a threat and operational analysis of ports of entry. ‘‘(2) CONTENTS.—The threat and operational anal- ysis required under paragraph (1) shall include an as- sessment of the following: ‘‘(A) Current and potential threats posed by indi- viduals and organized groups seeking— ‘‘(i) to exploit security vulnerabilities at ports of entry; or ‘‘(ii) to unlawfully enter the United States through such ports of entry. ‘‘(B) Methods and pathways used to exploit secu- rity vulnerabilities at ports of entry. ‘‘(C) Improvements needed at ports of entry to prevent the unlawful movement of people, illicit drugs, and other contraband across the borders of the United States. ‘‘(D) Improvements needed to enhance travel and trade facilitation and reduce wait times at ports of entry, including— ‘‘(i) security vulnerabilities associated with prolonged wait times; ‘‘(ii) current technology at ports of entry that can be adapted to handle more volume, increase efficiency, and improve accuracy of detection ef- forts; and ‘‘(iii) infrastructure additions and upgrades. ‘‘(E) Processes conducted at ports of entry that do not require law enforcement training and could be— ‘‘(i) filled with— ‘‘(I) non-law enforcement staff; or ‘‘(II) the private sector, for processes or ac- tivities determined to not be inherently govern- mental (as such term is defined in section 5 of the Federal Activities Inventory Reform Act of 1998 (Public Law 105–270; [31 U.S.C. 501 note])); or ‘‘(ii) automated. ‘‘(3) ANALYSIS REQUIREMENTS.—In compiling the threat and operational analysis required under para- graph (1), the Secretary of Homeland Security, acting through the Commissioner of U.S. Customs and Bor- der Protection, shall consider and examine the fol- lowing: ‘‘(A) Personnel needs, including K–9 Units, and es- timated costs, at each port of entry, including such needs and challenges associated with recruitment and hiring. ‘‘(B) Technology needs, including radiation portal monitors and non-intrusive inspection technology, and estimated costs at each port of entry. ‘‘(C) Infrastructure needs and estimated costs at each port of entry. ‘‘(b) PORTS OF ENTRY STRATEGY AND IMPLEMENTATION PLAN.— ‘‘(1) IN GENERAL.—Not later than 270 days after the submission of the threat and operational analysis re- quired under subsection (a) and every 5 years there- after for 10 years, the Secretary of Homeland Secu- rity, acting through the Commissioner of U.S. Cus- toms and Border Protection (CBP), shall provide to the Committee on Homeland Security and the Com- mittee on Ways and Means of the House of Represent- atives and the Committee on Homeland Security and Governmental Affairs and the Committee on Finance of the Senate a ports of entry strategy and implemen- tation plan. ‘‘(2) CONTENTS.—The ports of entry strategy and im- plementation plan required under paragraph (1) shall include a consideration of the following: ‘‘(A) The ports of entry threat and operational analysis required under subsection (a), with an em- phasis on efforts to mitigate threats and challenges identified in such analysis. ‘‘(B) Efforts to reduce wait times at ports of entry and standards against which the effectiveness of such efforts may be determined. ‘‘(C) Efforts to prevent the unlawful movement of people, illicit drugs, and other contraband across the borders of the United States at the earliest pos- sible point at ports of entry and standards against which the effectiveness of such efforts may be de- termined. ‘‘(D) Efforts to focus intelligence collection and information analysis to disrupt transnational criminal organizations attempting to exploit vulnerabilities at ports of entry and standards against which the effectiveness of such efforts may be determined. ‘‘(E) Efforts to verify that any new port of entry technology acquisition can be operationally inte- grated with existing technologies in use by the De- partment of Homeland Security. ‘‘(F) Lessons learned from reports on the business transformation initiative under section 802(i)(1) of the Trade Facilitation and Trade Enforcement Act of 2015 (Public Law 114–125). ‘‘(G) CBP staffing requirements for all ports of entry. ‘‘(H) Efforts to identify and detect fraudulent doc- uments at ports of entry and standards against which the effectiveness of such efforts may be de- termined. ‘‘(I) Efforts to prevent, detect, investigate, and mitigate corruption at ports of entry and standards against which the effectiveness of such efforts may be determined. ‘‘(c) PORTS OF ENTRY DESCRIBED.—In this section, the term ‘ports of entry’ means United States air, land, and sea ports of entry.’’ REQUIRED NOTICE OF AIRCRAFT TRANSFERS Pub. L. 115–141, div. F, title II, § 203, Mar. 23, 2018, 132 Stat. 612, provided that: ‘‘Hereafter, no U.S. Customs and Border Protection aircraft or other related equip- ment, with the exception of aircraft that are one of a kind and have been identified as excess to U.S. Customs and Border Protection requirements and aircraft that have been damaged beyond repair, shall be transferred to any other Federal agency, department, or office out- side of the Department of Homeland Security without prior notice to the Committees on Appropriations of the Senate and the House of Representatives.’’ DETECTING INCOMING CONTRABAND WITH TECHNOLOGY Pub. L. 115–112, Jan. 10, 2018, 131 Stat. 2274, provided that: ‘‘SECTION 1. SHORT TITLE. ‘‘This Act may be cited as the ‘International Nar- cotics Trafficking Emergency Response by Detecting Page 110 TITLE 6—DOMESTIC SECURITY § 211 Incoming Contraband with Technology Act’ or the ‘INTERDICT Act’. ‘‘SEC. 2. DEFINITIONS. ‘‘In this Act: ‘‘(1) CHEMICAL SCREENING DEVICE.—The term ‘chem- ical screening device’ means an immunoassay, nar- cotics field test kit, infrared spectrophotometer, mass spectrometer, nuclear magnetic resonance spec- trometer, Raman spectrophotometer, or other sci- entific instrumentation able to collect data that can be interpreted to determine the presence of fentanyl, other synthetic opioids, and other narcotics and psychoactive substances. ‘‘(2) COMMISSIONER.—The term ‘Commissioner’ means the Commissioner of U.S. Customs and Border Protection. ‘‘(3) EXPRESS CONSIGNMENT OPERATOR OR CARRIER.— The term ‘express consignment operator or carrier’ has the meaning given that term in section 128.1 of title 19, Code of Federal Regulations (or any similar successor regulation). ‘‘SEC. 3. INTERDICTION OF FENTANYL, OTHER SYNTHETIC OPIOIDS, AND OTHER NARCOTICS AND PSYCHOACTIVE SUBSTANCES. ‘‘(a) CHEMICAL SCREENING DEVICES.—The Commis- sioner shall— ‘‘(1) increase the number of chemical screening de- vices available to U.S. Customs and Border Protec- tion officers over the number of such devices that are available on the date of the enactment of this Act [Jan. 10, 2018]; and ‘‘(2) make such additional chemical screening de- vices available to U.S. Customs and Border Protec- tion officers as the Commissioner determines are nec- essary to interdict fentanyl, other synthetic opioids, and other narcotics and psychoactive substances that are illegally imported into the United States, includ- ing such substances that are imported through the mail or by an express consignment operator or car- rier. ‘‘(b) PERSONNEL TO INTERPRET DATA.—The Commis- sioner shall dedicate the appropriate number of U.S. Customs and Border Protection personnel, including scientists, so that such personnel are available during all operational hours to interpret data collected by chemical screening devices. ‘‘SEC. 4. AUTHORIZATION OF APPROPRIATIONS. ‘‘There is authorized to be appropriated to the Com- missioner $9,000,000 to ensure that U.S. Customs and Border Protection has resources, including chemical screening devices, personnel, and scientists, available during all operational hours to prevent, detect, and interdict the unlawful importation of fentanyl, other synthetic opioids, and other narcotics and psychoactive substances.’’ CONTINUATION IN OFFICE Pub. L. 114–125, title VIII, § 802(c), Feb. 24, 2016, 130 Stat. 210, provided that: ‘‘(1) COMMISSIONER.—The individual serving as the Commissioner of Customs on the day before the date of the enactment of this Act [Feb. 24, 2016] may serve as the Commissioner of U.S. Customs and Border Protec- tion on and after such date of enactment until a Com- missioner of U.S. Customs and Border Protection is ap- pointed under section 411 of the Homeland Security Act of 2002 [6 U.S.C. 211], as amended by subsection (a) of this section. ‘‘(2) OTHER POSITIONS.—The individual serving as Dep- uty Commissioner, and the individuals serving as As- sistant Commissioners and other officers and officials, under section 411 of the Homeland Security Act of 2002 on the day before the date of the enactment of this Act [Feb. 24, 2016] may serve as the Executive Assistant Commissioners, Deputy Commissioner, Assistant Com- missioners, and other officers and officials, as appro- priate, under such section 411 as amended by subsection (a) of this section unless the Commissioner of U.S. Cus- toms and Border Protection determines that another individual should hold such position or positions.’’ BORDER JOBS FOR VETERANS Pub. L. 114–68, Oct. 16, 2015, 129 Stat. 555, provided that: ‘‘SECTION 1. SHORT TITLE. ‘‘This Act may be cited as the ‘Border Jobs for Vet- erans Act of 2015’. ‘‘SEC. 2. FINDINGS. ‘‘Congress finds the following: ‘‘(1) Customs and Border Protection officers at United States ports of entry carry out critical law enforcement duties associated with screening foreign visitors, returning United States citizens, and im- ported cargo entering the United States. ‘‘(2) It is in the national interest for United States ports of entry to be adequately staffed with Customs and Border Protection officers in a timely fashion, including meeting the congressionally funded staffing target of 23,775 officers for fiscal year 2015. ‘‘(3) An estimated 250,000 to 300,000 members of the Armed Forces separate from military service every year. ‘‘(4) Recruiting efforts and expedited hiring proce- dures must be enhanced to ensure that individuals separating from military service are aware of, and partake in, opportunities to fill vacant Customs and Border Protection officer positions. ‘‘SEC. 3. EXPEDITED HIRING OF APPROPRIATE SEPARATING SERVICE MEMBERS. ‘‘The Secretary of Homeland Security shall consider the expedited hiring of qualified candidates who have the ability to perform the essential functions of the po- sition of a Customs and Border Protection officer and who are eligible for a veterans recruitment appoint- ment authorized under section 4214 of title 38, United States Code. ‘‘SEC. 4. ENHANCEMENTS TO EXISTING PROGRAMS TO RECRUIT SERVICE MEMBERS SEPARATING FROM MILITARY SERVICE FOR CUSTOMS AND BORDER PROTECTION OFFICER VACANCIES. ‘‘(a) IN GENERAL.—The Secretary of Homeland Secu- rity, in consultation with the Secretary of Defense, and acting through existing programs, authorities, and agreements, where applicable, shall enhance the efforts of the Department of Homeland Security to recruit members of the Armed Forces who are separating from military service to serve as Customs and Border Pro- tection officers. ‘‘(b) ELEMENTS.—The enhanced recruiting efforts under subsection (a) shall— ‘‘(1) include Customs and Border Protection officer opportunities in relevant job assistance efforts under the Transition Assistance Program; ‘‘(2) place U.S. Customs and Border Protection offi- cials or other relevant Department of Homeland Se- curity officials at recruiting events and jobs fairs in- volving members of the Armed Forces who are sepa- rating from military service; ‘‘(3) provide opportunities for local U.S. Customs and Border Protection field offices to partner with military bases in the region; ‘‘(4) include outreach efforts to educate members of the Armed Forces with Military Occupational Spe- cialty Codes and Officer Branches, Air Force Spe- cialty Codes, Naval Enlisted Classifications and Offi- cer Designators, and Coast Guard competencies that are transferable to the requirements, qualifications, and duties assigned to Customs and Border Protec- tion officers of available hiring opportunities to be- come Customs and Border Protection officers; ‘‘(5) identify shared activities and opportunities for reciprocity related to steps in hiring Customs and Border Protection officers with the goal of mini- mizing the time required to hire qualified applicants; ‘‘(6) ensure the streamlined interagency transfer of relevant background investigations and security clearances; and Page 111 TITLE 6—DOMESTIC SECURITY § 212 1 So in original. Probably should be section ‘‘203(1)’’. ‘‘(7) include such other elements as may be nec- essary to ensure that members of the Armed Forces who are separating from military service are aware of opportunities to fill vacant Customs and Border Pro- tection officer positions. ‘‘SEC. 5. REPORT TO CONGRESS. ‘‘(a) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act [Oct. 16, 2015], and by December 31 of each of the next 3 years thereafter, the Secretary of Homeland Security, in consultation with the Secretary of Defense, shall submit a report to the Committee on Homeland Security and the Committee on Armed Services of the House of Representatives and the Committee on Homeland Security and Govern- mental Affairs and the Committee on Armed Services of the Senate that includes a description and assess- ment of the efforts of the Department of Homeland Se- curity to hire members of the Armed Forces who are separating from military service as Customs and Bor- der Protection officers under section 4. ‘‘(b) CONTENT.—The report required under subsection (a) shall include— ‘‘(1) a detailed description of the efforts to imple- ment section 4, including— ‘‘(A) elements of the enhanced recruiting efforts and the goals associated with such elements; and ‘‘(B) a description of how the elements and goals referred to in subparagraph (A) will assist in meet- ing statutorily mandated staffing levels and agency hiring benchmarks; ‘‘(2) a detailed description of the efforts that have been undertaken under section 4; ‘‘(3) the estimated number of separating service members made aware of Customs and Border Protec- tion officer vacancies; ‘‘(4) the number of Customs and Border Protection officer vacancies filled with separating service mem- bers; and ‘‘(5) the number of Customs and Border Protection officer vacancies filled with separating service mem- bers under Veterans Recruitment Appointment au- thorized under section 4214 of title 38, United States Code. ‘‘SEC. 6. RULES OF CONSTRUCTION. ‘‘Nothing in this Act may be construed— ‘‘(1) as superseding, altering, or amending existing Federal veterans’ hiring preferences or Federal hiring authorities; or ‘‘(2) to authorize the appropriation of additional amounts to carry out this Act.’’ PORT OF ENTRY PARTNERSHIP PILOT PROGRAM Pub. L. 113–76, div. F, title V, § 559, Jan. 17, 2014, 128 Stat. 279, as amended by Pub. L. 114–4, title V, § 552(a), Mar. 4, 2015, 129 Stat. 71; Pub. L. 114–113, div. F, title V, § 550, Dec. 18, 2015, 129 Stat. 2519, which established a pilot program to permit U.S. Customs and Border Pro- tection to enter into partnerships with private sector and government entities at ports of entry for certain services and to accept certain donations, was repealed by Pub. L. 114–279, § 4(b), Dec. 16, 2016, 130 Stat. 1422. REDUCING PASSENGER PROCESSING TIMES Pub. L. 113–76, div. F, title V, § 571, Jan. 17, 2014, 128 Stat. 287, provided that: ‘‘(a) The Commissioner of U.S. Customs and Border Protection shall develop metrics that support a goal of reducing passenger processing times at air, land, and sea ports of entry, taking into consideration the capac- ity of an air or land port’s physical infrastructure, air- line arrival schedules, peak processing periods, and se- curity requirements. ‘‘(b) Not later than 240 days after the date of enact- ment of this Act [Jan. 17, 2014], the Commissioner of U.S. Customs and Border Protection shall develop and implement operational work plans to meet the goals of subsection (a) at United States air, land, and sea ports with the highest passenger volume and longest wait times. In developing such plans, the Commissioner of U.S. Customs and Border Protection shall consult with appropriate stakeholders, including, but not limited to, airlines and airport operators, port authorities, and im- porters.’’ § 212. Retention of Customs revenue functions by Secretary of the Treasury (a) Retention of Customs revenue functions by Secretary of the Treasury (1) Retention of authority Notwithstanding section 203(a)(1) 1 of this title, authority related to Customs revenue functions that was vested in the Secretary of the Treasury by law before the effective date of this chapter under those provisions of law set forth in paragraph (2) shall not be trans- ferred to the Secretary by reason of this chap- ter, and on and after the effective date of this chapter, the Secretary of the Treasury may delegate any such authority to the Secretary at the discretion of the Secretary of the Treas- ury. The Secretary of the Treasury shall con- sult with the Secretary regarding the exercise of any such authority not delegated to the Secretary. (2) Statutes The provisions of law referred to in para- graph (1) are the following: the Tariff Act of 1930 [19 U.S.C. 1202 et seq.]; section 249 of the Revised Statutes of the United States (19 U.S.C. 3); section 2 of the Act of March 4, 1923 (19 U.S.C. 6); section 13031 of the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c); section 251 of the Revised Statutes of the United States (19 U.S.C. 66); section 1 of the Act of June 26, 1930 (19 U.S.C. 68); the For- eign Trade Zones Act (19 U.S.C. 81a et seq.); section 1 of the Act of March 2, 1911 (19 U.S.C. 198); the Trade Act of 1974 [19 U.S.C. 2101 et seq.]; the Trade Agreements Act of 1979; the North American Free Trade Area Implementa- tion Act; the Uruguay Round Agreements Act; the Caribbean Basin Economic Recovery Act [19 U.S.C. 2701 et seq.]; the Andean Trade Pref- erence Act [19 U.S.C. 3201 et seq.]; the African Growth and Opportunity Act [19 U.S.C. 3701 et seq.]; and any other provision of law vesting customs revenue functions in the Secretary of the Treasury. (b) Maintenance of Customs revenue functions (1) Maintenance of functions Notwithstanding any other provision of this chapter, the Secretary may not consolidate, discontinue, or diminish those functions de- scribed in paragraph (2) performed by U.S. Customs and Border Protection (as established under section 211 of this title) on or after the effective date of this chapter, reduce the staff- ing level, or reduce the resources attributable to such functions, and the Secretary shall en- sure that an appropriate management struc- ture is implemented to carry out such func- tions. (2) Functions The functions referred to in paragraph (1) are those functions performed by the following